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Former Coast Guard Academy cadets file complaints alleging sexual violence
Photograph: USCG In ongoing fallout from the 2023 CNN “Operation Fouled Anchor” report on sexual assault and harassment at the United States Coast Guard Academy, thirteen former academy cadets have filed separate Federal Tort Claims Act administrative complaints against the United States Coast Guard; its parent agency, the Department of Homeland Security; and its former parent agency, the Department of Transportation.
Dr.G.R.Balakrishnan Sep 11 2024 Marine News

Former Coast Guard Academy cadets file complaints alleging sexual violence

The complaints were filed by attorneys at Sanford Heisler Sharp on behalf of Jane Does 1-12 and John Doe 1, all of whom, the law firm says, are former Coast Guard Academy cadets who were sexually assaulted during their time at the academy. The firm says that the complaints are the first known collective action by sexual violence survivors against a United States service academy.

The complaints allege that the Coast Guard’s failure to implement adequate policies and practices allowed sexual violence to go unchecked at the academy, resulting in the claimants’ harm. They further allege that the Coast Guard condoned and actively concealed the rampant nature of sexual assault and harassment of academy students, knowingly placing the claimants and other cadets in danger.

The claimants seek to hold the Coast Guard accountable through the FTCA, a federal statute that permits individuals to bring legal claims against federal agencies for torts committed by their employees. Prior to filing an FTCA complaint in court, an individual must first file an administrative complaint with the agency at fault. The agency is then afforded six months to investigate the claim. After that, the individual may file a lawsuit against the agency at fault in federal court.

The investigation’s internal report, adds the law firm, notes that, “academy leadership often failed to undertake sufficient action to ensure a safe environment” and “too often failed to provide the support, trust, and care that is so vital for victims of sexual assault.”

Sanford Heisler Sharp and co-counsel Maritime Legal Solutions took the first step in the FTCA legal process by filing administrative complaints against the Coast Guard on behalf of thirteen former Coast Guard Academy sexual assault survivors. Specifically, these complaints allege that the Coast Guard failed to adequately protect cadets from sexual assault. The administrative complaints further allege that the Coast Guard is liable under the FTCA because it was negligent in its response, or lack thereof, to reports of sexual violence made by the claimants.

The complaints, says Sanford Heisler Sharp, “detail the sexual violence endured by the claimants as cadets at the academy. Several claimants were sexually assaulted in their dorm rooms by classmates who entered their living spaces without permission, enabled by an academy policy that prevented cadets from locking their doors.”

Redacted excerpts from filings by three of the claimants made available by the law firms go into painful and disturbing detail on the nature of of the mistreatment alleged. In each case, the claimant asserts “I have stated a viable FTCA claim against the Coast Guard and am entitled to damages of $10 million.”